Non EU student visa

jamesy81

Hi,
Can anybody tell me if a company can be fined for letting Non-Eu students work day shifts 3 or 4 days during the week thus preventing the student attending college 80% of classes as per their visa requirement
I am aware they can be fined if they allow the student work over 20hrs during term times but cannot find the answer to the above question.
My friend runs a Business and said it is not his responsibility to ensure his employees attend college, and that the student is not bothered as he just gets the college to stamp his attendance to say he was in college 80% of the to!e.
I am well aware this is going on a long time however I find it unfair as because some Non EU students are willing to fit college around work more and more employers have advertised part time jobs as fully flexible and therefore putting pressure on Non EU who are not willing to break the terms of their visa.It also makes it more difficult for EU students studying and looking for jobs around their college courses ,or other members of the public looking for jobs but unable to work fully flexible shifts.If you look at the U.K.and take tesco for example you will notice their shifts are based around shift patterns whereas Tesco Ireland require staff to be fully flexible.I believe this is in part because of the above issue.
Any thoughts

Regards

Alan

Mr. Loverman

jamesy81 wrote: »

Can anybody tell me if a company can be fined for letting Non-Eu students work day shifts 3 or 4 days during the week

jamesy81 wrote: »

I am aware they can be fined if they allow the student work over 20hrs during term

Surely these are the same things?

jamesy81

Hi,
They are doing the 20 hrs spread over the 3-4 days.e.g. 5hrs per day for 4 days

Regards
Alan

Mr. Loverman

So what's the problem?

Is it that you think your friend's studying will suffer?

Surely your friend is choosing to do this job?

Sorry if I'm misunderstanding something.

jamesy81

The problem is that if Non EU students are working 3-4 days a week they are breaking their visa conditions and are being helped to do so by businesses that take them on. This means people both EU and Non EU that are looking for a job to fit around college or minding a child cannot get these jobs as some non EU students are applying for jobs and stating they are available to work fully flex shifts, which they could not do if they are attending college 80% of the time as they are required to. This is giving them an unfair advantage in getting part time work and is leading to more employers requiring staff that are 100% flexible.

Mr. Loverman

I don't agree with you.

Maybe someone else can offer you some advice.

Gatling

You could Always report the issues to the relevant authorities

Mrs OBumble

Laws are being broken here, but it's the college doing it, not the employers.

There are colleges were classes can be taken at various different times, and the employers cannot know when their employees are supposed to be in college.

Cushie Butterfield

There is no issue here as regards the employer. All they have to do is see evidence that the employee/student is permitted to work. The student visa allows a non-EU student enrolled in a full time approved course work on a casual basis for up to 20 hours per week during term & full time during college 'holidays' . It's not up to the employer to check the employees college timetable, although how any full time student can be available for work for five hours during the day for four days is highly questionable.

It's up to the student themselves to ensure that they comply with their visa conditions. It's up to the college that they are attending to certify an accurate attendence record. If they don't & are found out the student faces the possibility of their visa being cancelled & their permission to remain being withdrawn resulting in deportation & the college faces a fine & closer scrutiny which could result in forced closure.

There is of course abuse of the system which has been recently reported in the media, but this abuse is on the part of the colleges & students. If you are aware of anything untoward you should report the matter to INIS, but the employer isn't breaking any laws by employing the student for up to 20 hours per week or full time during holidays.